DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Industry Training Centre Incorporated
(AG2018/5078)

CONSTRUCTION INDUSTRY TRAINING CENTRE INCORPORATED COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 13 DECEMBER 2018

Application for approval of the Construction Industry Training Centre Incorporated Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Construction Industry Training Centre Incorporated Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction Industry Training Centre Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Independent Education Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 12 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction Industry Training Centre Incorporated sought approval of the Construction Industry Training Centre Incorporated Collective Agreement 2018, which was made under the Fair Work Act 2009. The application was heard by the Fair Work Commission, a tribunal with specialist industrial relations jurisdiction. The dispute centred on whether the agreement, which aimed to regulate terms and conditions of employment for employees within the construction industry, was in the best interests of the employees and complied with the relevant statutory provisions.

The Commission needed to determine if the agreement met the criteria for approval, specifically whether it was in the best interests of the employees, complied with the Act, and did not undermine the protection of employees' rights. The Commission also examined whether the agreement appropriately balanced the interests of the employer and the employees, ensuring it did not disadvantage the employees in any way.

After careful consideration, the Fair Work Commission approved the Construction Industry Training Centre Incorporated Collective Agreement 2018. The Commission found that the agreement was in the best interests of the employees and adhered to the statutory requirements. It was deemed that the agreement did not undermine the protection of employees' rights and appropriately balanced the interests of the employer and the employees. The Commission also confirmed that the agreement did not disadvantage the employees in any way.

The Commission approved the Construction Industry Training Centre Incorporated Collective Agreement 2018 and made it a registered agreement under the Fair Work Act 2009. This approval allows the agreement to be in force and binding on the parties for the duration specified in the agreement.

Construction Industry Training Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established